Smart v. State

Court of Appeals of Georgia

Smart v. State

252 S.E.2d 85, 148 Ga. App. 662, 1979 Ga. App. LEXIS 1598

CourtCourt of Appeals of Georgia

DecidedJanuary 9, 1979

Docket57110

StatusPublished

This text of 252 S.E.2d 85 (Smart v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smart v. State, 252 S.E.2d 85, 148 Ga. App. 662, 1979 Ga. App. LEXIS 1598 (Ga. Ct. App. 1979).

Pincite

Opinion

Webb, Judge.

David Tom Smart was convicted of criminal attempt to commit burglary and sentenced to ten years. He appeals on the general grounds. Smart and Eddie Walls were seen driving away from the City Drug Store in Smart’s automobile with the lights off and the police chief in pursuit. Investigating a report of "clanging” noises in the immediate vicinity, police discovered that the rear door knob (which was painted white) had been ripped off the back door of the drug store, and where Smart’s car had been parked they found a tire tool with similar paint chips on it and an empty pillow case. Walls, who had previously pleaded guilty to the attempted break-in, implicated Smart. Smart testified in his own behalf that they had had tire trouble and he had gone to look for a rock. He denied any knowledge of the attempted burglary. The corroborated evidence was sufficient to establish Smart’s participation and the verdict cannot be said to be contrary as a matter of law. Townsend v. State, 141 Ga. App. 743 (1) (234 SE2d 368) (1977).

Judgment affirmed.

Bell, C. J., and Banke, J., [663]*663 concur. Submitted January 4, 1979 Decided January 9, 1979. Joseph C. Kitchings, for appellant. J. Lane Johnston, District Attorney, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Webb, Judge.

David Tom Smart was convicted of criminal attempt to commit burglary and sentenced to ten years. He appeals on the general grounds. Smart and Eddie Walls were seen driving away from the City Drug Store in Smart’s automobile with the lights off and the police chief in pursuit. Investigating a report of "clanging” noises in the immediate vicinity, police discovered that the rear door knob (which was painted white) had been ripped off the back door of the drug store, and where Smart’s car had been parked they found a tire tool with similar paint chips on it and an empty pillow case. Walls, who had previously pleaded guilty to the attempted break-in, implicated Smart. Smart testified in his own behalf that they had had tire trouble and he had gone to look for a rock. He denied any knowledge of the attempted burglary. The corroborated evidence was sufficient to establish Smart’s participation and the verdict cannot be said to be contrary as a matter of law. Townsend v. State, 141 Ga. App. 743 (1) (234 SE2d 368) (1977).

Judgment affirmed.

Bell, C. J., and Banke, J., [663]*663 concur. Submitted January 4, 1979 Decided January 9, 1979. Joseph C. Kitchings, for appellant. J. Lane Johnston, District Attorney, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

252 S.E.2d 85, 148 Ga. App. 662, 1979 Ga. App. LEXIS 1598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smart-v-state-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack